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• <br />CITY OF LINO LAKES <br />RESOLUTION NO. 13-90 <br />RESOLUTION ACCEPTING PETITION AND WAIVER AGREEMENT <br />21st AVENUE IMPROVMENT PROJECT <br />ALINO, LLC <br />WHEREAS, pursuant to Resolution No. 13 -76 adopted by the City Council on June 24, 2013 the <br />City approved the preliminary plat of ALino Addition; and <br />WHEREAS, plat requires the improvement of 21st Avenue by the extension of street, sanitary <br />sewer, watermain, storm sewer, traffic control signals, and pedestrian improvements ( "Improvement <br />Project "); and <br />WHEREAS, ALino, LLC is the owner of certain real property in the City abutting said <br />Improvement Project; and <br />WHEREAS, the Owner wishes the City to construct the Improvement Project without notice of <br />hearing or hearing on the special assessments levied to finance the Improvement Project, and to levy <br />up to $689,129.54 of the cost of the Improvement Project against the Subject Property; and <br />WHEREAS, the Improvement Project requires that the City obtain certain portions of the Owner' <br />property for street right -of -way, temporary construction easements and drainage and utility <br />easements; and <br />• WHEREAS, the Owner wishes to donate to the City the necessary right -of -way and easements to <br />provide for the construction of said Improvement Project; and <br />• <br />WHEREAS, the City is willing to construct the Improvement Project without certain notices or <br />hearings, provided the assurances and covenants, attached hereto as Exhibit A, are made by the <br />Owner to ensure that the City will have valid and collectable special assessments as they relate to <br />the Subject Property to finance all of the costs of the Improvement Project, that all necessary right - <br />of -way and easements are provided to the City at no cost and that a Joint Powers Agreement <br />between the City and City of Centerville is approved; <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of The City of Lino Lakes, <br />Minnesota: <br />1. The City accepts the Petition and Waiver Agreement and authorizes the Mayor and City Clerk <br />to execute said agreement on behalf of the City. <br />Adopted by the Council of the City of Lino Lakes this 26th day of August, 2013. <br />The motion for the adoption of the foregoing resolution was introduced by Council Member <br />Roeser and was duly seconded by Council Member Rafferty and upon vote being <br />taken thereon, the following voted in favor thereof: <br />Roeser, Rafferty, O'Donnell, Stoesz, Reinert <br />The following voted against same: <br />none <br />